Bland v. Roberts

The Fourth Circuit Court of Appeals ruled that Facebook "likes" are protected speech under the First Amendment. In the case, employees of Hampton, Virginia sheriff B.J. Roberts "liked" the page of his political opponent and were fired. The Federal District Court for the Eastern District of Virginia initially ruled "likes" were insufficient to warrant constitutional protection.

With around 1.15 billion members, Facebook is a massive, global forum for communicating with friends and the world. For many users, it often feels as if their news feeds are clogged with vapid comments about the weather, meal choices or the ever-present need for coffee. View Full Post

Remember that Facebook photo of a friend’s vacation that you “liked” a couple of days ago? Well, congratulations, you’ve just exercised your constitutional right to free speech! This week, in an intensely followed case in the Fourth Circuit, the court held that “liking” something on Facebook is “a form of speech protected by the First Amendment.” View Full Post

“Liking” something on Facebook is a form of speech protected by the First Amendment, the U.S. Court of Appeals ruled in Bland et al. v. Roberts, Appeal Number 12-1671, on September 18, 2013 View Full Post

A court ruled that “like” is “…is the Internet equivalent of displaying a political sign in one’s front yard” and that a former employee should not have lost his job merely because he “liked” a political opponent of his boss. View Full Post

Within the last month, courts have taken steps to protect communications made via social media. For example, in Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013), which we reported on here, the United States District Court for the District of New Jersey held that private Facebook posts are protected under the Stored Communications Act. View Full Post

A federal appellate court on Wednesday ruled that the First Amendment protects the act of “liking” on Facebook or other social media. In Bland v. Roberts, a sheriff’s deputy “liked” the Facebook page of the candidate who was challenging the incumbent sheriff in the upcoming elections. View Full Post

Fourth Circuit Holds Clicking Facebook “Like” Button Can Be Protected Political Expression:In Law360 ($$), Ben James analyzes the recent decision in Bland v. Roberts, where among other things, the appellate court found the mere “liking” of a Facebook page constitutes political expression on account of which the First Amendment may protect public employees from termination. View Full Post

Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case? Leave it to Facebook to make us answer these questions. View Full Post